DA one step closer to having Mkhwebane removed

The issue regarding the removal of Public Protector Busisiwe Mkhwebane has been referred back to the speaker of the National Assembly in order for the rules committee to consider the adoption of new rules governing the process.

Parliament’s portfolio committee met on Tuesday to discuss the DA’s request to remove Mkhwebane as the public protector as well as to discuss the process of appointing a new deputy public protector since the term for the current deputy, Kevin Malunga, will come to an end later this year.

The portfolio committee referred the DA’s request back to Speaker Thandi Modise in order for the rules committee to deliberate on rules and the processes to be followed in removing a public protector and other heads of chapter 9 institutions.

These rules will govern how removal proceedings in terms of section 194 should be conducted to ensure that all parties receive legal and procedural certainty.

The DA, which welcomed the decision, contend Mkhwebane is not fit to occupy the public protector’s office.

In a statement, the party said: “The Constitutional Court itself has found that the public protector acted in bad faith and was not honest with the high court regarding her investigation process in the reserve bank matter. That the Constitutional Court upheld an order that advocate Mkhwebane, the incumbent head of a Chapter 9 institution, personally pay the legal costs in proceedings instituted against her office, is no small matter and it deserves the full and undivided attention of parliament. There are moreover numerous further instances in which the public protector has acted improperly, which should not fall by the wayside.

“Section 194 of the Constitution is quite clear that parliament is the correct body to consider and decide upon the removal of the public protector. Section 194(3) states that the president must remove a person from office upon the adoption by the assembly of a resolution calling for that person’s removal.”

A public protector may be removed from office on grounds of misconduct, incapacity, or incompetence by a committee of the National Assembly. The assembly’s resolution, however, needs to be supported by a two-thirds majority.

The portfolio committee further deliberated on the appointment of a deputy public protector and will adopt a programme towards filling the post on Wednesday.

(Compiled by Gopolang Moloko)

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